Title
Public Hearing - File No. PVAI2024-0010
Location: 2331 Rusk Rd., located north of Tienken and east of Brewster Rd., Parcel No. 15-05-455-006, zoned R-1 One Family Residential
Request: The applicant is requesting a variance from Sec. 138-10.107 Fences, including 138-10.103 Corner Lots and 138-5.204 Corner Clearance by reference, which if permitted would allow for a proposed fence in the front yard (side street) setback. The plans submitted are for a 6 ft. high wood privacy fence located along a portion of the south property line and extending into the Hayfield Rd. frontage, and connecting to an aluminum wrought iron fence with a maximum height of 6 ft. located along the eastern property line along the Hayfield Rd. frontage. Sec. 138-10.107 states that in a residential district, fences not to exceed three feet in height shall be permitted within a required front yard setback or a side street yard setback; provided however that corner clearances provided in Sec. 138-5.204 have been met.
Body
Resolved, in the matter of File No. PVAI2024-0010, that the request for a variance of one (1) foot in total height for the privacy fence as located on the submitted drawings, from Section 138-10.107 Fences which requires a fence constructed in the front or side street yard setback not to exceed a total height of three (3) feet, in the R-1 One Family Residential zoning district, Parcel Identification Number 15-05-455-006, be APPROVED, because a practical difficulty does exist on the property as demonstrated in the record of proceedings and based on the following findings. With this variance, the property shall be considered by the City to be in conformity with the Zoning Ordinance for all future uses with respect to the setbacks for which this variance is granted.
1. Compliance with the strict letter of the Zoning Ordinance would prohibit the reasonable use of the property and will be unnecessarily burdensome.
2. Granting the variance will preserve a substantial p...
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